Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12243 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting less than a week during 

hours that will prohibit entry within 

1,100 yards of pollution response 

operations at the vessel ALEUTIAN 

STORM. It is categorically excluded 

from further review under paragraph 

L60(c) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1, Revision No. 01.3. 

■ 2. Add § 165.T11–158 to read as 

follows: 

§ 165.T11–158 Emergency Safety Zone; 

Pacific Ocean, Bodega Bay, CA 

(a) Location. The following area is a 

safety zone: all navigable waters, from 

surface to bottom, within a 1,100-yard 

radius seaward of the following 

coordinates 38°19′43′′ N 123°4′16.2′′ W 

(NAD 83). 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel, or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francsico (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulation in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate 

within the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

Persons and vessels may request 

permission to enter the safety zone 

through the 24-hour Command Center at 

telephone (415) 399–3432. 

(d) Enforcement period. This section 

will be enforced from 11:30 a.m. on 

February 13, 2024, to 11:59 p.m. on 

February 19, 2024, or as announced via 

Broadcast Notice to Mariners. 

(e) Information Broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced in accordance with 33 CFR 

165.7. 

Dated: February 13, 2024. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector San Francisco. 

[FR Doc. 2024–03369 Filed 2–14–24; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 5 

RIN 1880–AA84 

[Docket ID ED–2008–OM–0011] 

Availability of Information to the 

Public; Correction 

AGENCY: Office of the Secretary, 

Department of Education. 

ACTION: Final rule; correction. 

SUMMARY: On June 14, 2010, the 

Department of Education (Department) 

published in the Federal Register a final 

rule amending the Department’s 

Freedom of Information Act (FOIA) 

regulations, and a correction was 

published in the Federal Register on 

January 26, 2024. The 2010 final rule 

implemented amendments made to the 

FOIA statute and clarified how the 

Department processes FOIA requests for 

agency records, and the January 26, 

2024, document corrected the 

administrative exhaustion provisions 

related to the Appeals of Adverse 

Determinations section in the FOIA 

regulations. We are correcting the title 

of that revised provision, which 

inadvertently was omitted in the 

January 26, 2024 correction. All other 

provisions in the FOIA regulations 

remain the same. 

DATES: This correction is effective 

February 16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Deborah O. Moore, Department of 

Education, 400 Maryland Avenue SW, 

Washington, DC 20202. Telephone: 

(202) 381–1414. Email: Deborah.Moore@

ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: On June 

14, 2010, the Department published a 


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12244 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

final rule amending the Department’s 

FOIA regulations in 34 CFR part 5, 

including § 5.40(b) (Appeals of Adverse 

Determinations). On January 26, 2024, 

we corrected that provision to strike the 

last sentence, which contained 

erroneous language. 89 FR 5097. 

Because the title of the corrected 

provision inadvertently was omitted in 

the amendatory instructions, we are 

correcting that provision to add back the 

original title, ‘‘Appeal requirements.’’ 

All other information in the 2010 final 

rule remains the same, except for the 

provisions that were amended on 

December 12, 2019 (84 FR 67865) and 

January 26, 2024 (89 FR 5097). 

Waiver of Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed regulations. However, the 

APA provides that an agency is not 

required to conduct notice-andcomment rulemaking when the agency, 

for good cause, finds that notice and 

public comment are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B)). 

Rulemaking is ‘‘unnecessary’’ in those 

situations in which ‘‘the administrative 

rule is a routine determination, 

insignificant in nature and impact, and 

inconsequential to the industry and to 

the public.’’ Utility Solid Waste 

Activities Group v. EPA, 236 F.3d 749, 

755 (D.C. Cir. 2001), quoting U.S. 

Department of Justice, Attorney 

General’s Manual on the Administrative 

Procedure Act 31 (1947) and South 

Carolina v. Block, 558 F. Supp. 1004, 

1016 (D.S.C. 1983). 

There is good cause to waive 

rulemaking here, because rulemaking is 

unnecessary. The actions in this 

document merely correct an inadvertent 

deletion of an existing regulatory title 

and are not an exercise of the 

Department’s discretion. Thus, the 

Secretary has determined that 

publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects in 34 CFR Part 5 

Administrative practice and 

procedure, Investigations. 

Accordingly, part 5 of title 34 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

PART 5—AVAILABILITY OF 

INFORMATION TO THE PUBLIC 

■ 1. The authority citation for part 5 

continues to read as follows: 

Authority: 5 U.S.C. 552, 20 U.S.C. 1221e– 

3, and 20 U.S.C. 3474. 

■ 2. Section 5.40 is amended by adding 

a subject heading to paragraph (b) to 

read as follows: 

§ 5.40 Appeals of adverse determinations. 

* * * * * 

(b) Appeal requirements. * * * 

* * * * * 

Alexis Barrett, 

Chief of Staff, Office of the Secretary 

Department of Education. 

[FR Doc. 2024–03267 Filed 2–15–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2023–0199; FRL–10830– 

03–R7] 

Approval of State Plans for Designated 

Facilities and Pollutants; MO; Approval 

and Promulgation of Implementation 

Plans; Control of Emissions From 

Existing Municipal Solid Waste 

Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Missouri State Implementation Plan 

(SIP) related to municipal solid waste 

landfills in the St. Louis ozone 

nonattainment area. The revision to this 

rule includes incorporating by reference 

Emission Guidelines (EG) for Municipal 

Solid Waste (MSW) landfills. EPA is 

approving this SIP revision based on 

EPA’s finding that the rule implements 

more stringent thresholds and do not 

impact the stringency of the SIP or have 

an adverse effect on air quality. The 

EPA’s approval of this rule revision is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective March 

18, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2023–0199. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Allyson Prue, Environmental Protection 

Agency, Region 7 Office, Air Permitting 

and Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7277; 

email address: prue.allyson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. The EPA’s Response to Comments 

V. What action is the EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background 

On August 21, 2023, the EPA 

proposed to approve Missouri’s 

submitted section 111(d) State Plan with 

two accompanying state rule revisions 

and a SIP revision in the Federal 

Register (88 FR 56787). The EPA 

proposed to approve both the section 

111(d) State Plan with two 


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